The Function of Form: Legality and Authority in International Law

16 Pages Posted: 1 Dec 2019

See all articles by Jaye Ellis

Jaye Ellis

McGill University - Faculty of Law

Date Written: November 15, 2019

Abstract

The authority of international law is often explored through the lens of legitimacy, which takes a perspective external to law and addresses the manner in which claims to the authority of law are received. This paper proposes to consider the contribution of validity - taking a perspective internal to law - to law's authority. I consider arguments regarding the form of law by three very different scholars: Friedrich Hayek, Franz Neumann, and Lon L. Fuller in exploring ways in which the form of law may contribute to its authority.

Keywords: International law; authority; formalism

Suggested Citation

Ellis, Jaye, The Function of Form: Legality and Authority in International Law (November 15, 2019). Available at SSRN: https://ssrn.com/abstract=3488052

Jaye Ellis (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514 398 6625 (Phone)
514 398 3233 (Fax)

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